Can wilderness program staff be convicted as caretakers under Utah's disabled child abuse statute? State v. Fisher Explained

The Utah Court of Appeals addressed the boundaries of caretaker liability under Utah’s disabled child abuse statute in State v. Fisher, affirming the conviction of a wilderness program instructor whose actions contributed to a participant’s death.

Background and Facts

Craig Fisher worked as a counselor for Northstar, a wilderness program for troubled youth. During the program’s “Primitive” phase, 16-year-old Aaron Bacon lost 23 pounds over 20 days, suffering from malnutrition, hypothermia, and ultimately dying from acute peritonitis caused by a perforated ulcer. Fisher implemented a “no fire, no food” rule, denied Bacon meals when his cup wasn’t clean, and mocked Bacon’s complaints of illness, treating them as malingering. Despite Bacon’s obvious deterioration—including incontinence, hallucinations, and inability to walk—Fisher failed to seek adequate medical care.

Key Legal Issues

Fisher challenged his conviction under Utah Code section 76-5-110, arguing insufficient evidence established that Bacon was a “disabled child” or that Fisher was his “caretaker.” He also raised constitutional vagueness and jury unanimity challenges.

Court’s Analysis and Holding

The court applied the statute’s plain language, defining a disabled child as someone under 18 “impaired because of physical illness or other cause” who cannot provide basic necessities. Bacon qualified as disabled due to his ulcer and resulting inability to care for himself. Regarding the caretaker element, the court rejected Fisher’s argument that only those with legal obligations qualify as caretakers. The statute encompasses “any person having under his care and custody a disabled child,” which clearly applied to Fisher given his admitted responsibility for Bacon’s physical well-being.

Practice Implications

This decision significantly expands potential caretaker liability beyond traditional family or institutional relationships. Wilderness programs, camps, schools, and similar organizations assuming responsibility for minors’ physical welfare may face felony charges under section 76-5-110 if participants become disabled and suffer abuse or neglect. The court’s broad interpretation of “caretaker” creates liability wherever someone assumes practical responsibility for a child’s well-being, regardless of formal legal obligations.